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O. Reg. 160/09: Tax Matters - Special Tax Rates and Limits, 2003 and Later Years

filed April 17, 2009 under Municipal Act, 2001, S.O. 2001, c. 25

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ontario regulation 160/09

made under the

municipal act, 2001

Made: April 16, 2009
Filed: April 17, 2009
Published on e-Laws: April 21, 2009
Printed in The Ontario Gazette: May 2, 2009

Amending O. Reg. 73/03

(Tax Matters — Special Tax Rates and Limits, 2003 and Later Years)

1. Subsection 1 (1) of Ontario Regulation 73/03 is amended by adding the following definitions:

“commercial classes” has the meaning set out in subsection 308 (1) of the Act;

“industrial classes” has the meaning set out in subsection 308 (1) of the Act;

“qualifying taxation year” means the 2004, 2005, 2006, 2007, 2008 or 2009 taxation year; 

2. (1) Subsection 3 (3.1) of the Regulation is amended by striking out “for the 2004, 2005, 2006, 2007 or 2008 taxation year” in the portion before the formula and substituting “for a qualifying taxation year”.

(2) Subsection 3 (4) of the Regulation is revoked.

3. (1) Subsection 8 (4.1) of the Regulation is amended by striking out “For the 2004, 2005, 2006 or 2007 taxation year” in the portion before paragraph 1 and substituting “For a qualifying taxation year”.

(2) Paragraph 2 of subsection 8 (4.1) of the Regulation is amended by striking out “for 2004, 2005, 2006 or 2007, as the case may be” and substituting “for a qualifying taxation year”.

4. The Regulation is amended by adding the following section:

Municipal options

8.0.2 (1) A property is exempt from the application of Part IX of the Act for a taxation year if a by-law has been enacted by a municipality that provides that this section applies within the municipality for the year.

(2) A by-law under subsection (1) may require that any of the following conditions must be met in order for a property to be exempt:

1. The taxes for the property in the previous year were equal to its uncapped taxes for that year.

2. As a result of Part IX of the Act, the taxes for the property in the previous year were lower than the property’s uncapped taxes for that year, but in the current year, if Part IX of the Act applied, the property’s taxes would be equal to its uncapped taxes, or a tax decrease for the property would be limited.

3. A tax decrease for the property in the previous year was limited under Part IX of the Act, but in the current year, if Part IX of the Act applied, the property’s taxes would be equal to its uncapped taxes, or a tax increase for the property would be limited.

(3) A by-law under subsection (1) must be passed on or before the time provided for in subsection 329.1 (2) of the Act.

5. Paragraph 1 of subsection 22 (3) of the Regulation is revoked and the following substituted:

1. Property that would otherwise be eligible property only because of a change in classification from one class in the commercial classes to another class in the commercial classes or from one class in the industrial classes to another class in the industrial classes.

  1.1. Property that would otherwise be eligible property only because of a change in classification and that satisfies the following conditions:

i. After the change in classification, the property is classified in a single class of real property.

ii. In the previous year, portions of the property were deemed to be separate properties under subsection 327 (3) of the Act.

iii. In the previous year, the portions of the property described in subparagraph ii were subject to Part IX of the Act.

6. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 5 is deemed to have come into force on January 1, 2008.

Made by:

Dwight Douglas Duncan

Minister of Finance

Date made: April 16, 2009.